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MATTER OF SPARKS v. COOMBE

243 A.D.2d 767 (1997)

665 N.Y.S.2d 350

In the Matter of Richard Sparks, Petitioner, v. Philip Coombe, Jr., as Commissioner of The Department of Correctional Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 9, 1997

Casey, J.

Petitioner was found guilty after a hearing of violating the prison disciplinary rules which prohibit inmates from possessing weapons (rule 113.10) and contraband (rule 113.23) and from engaging in unauthorized organizational activities (rule 105.12). Initially, we reject petitioner's contention that the search of his cell was illegal inasmuch as it was routinely performed as part of petitioner's...

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